legal
 






 

Question by  fidgetfax (41)

How do I vacate a bankruptcy discharge?

 
+7

Answer by  BilWitters (436)

To vacate a bankruptcy discharge, you must file the proper motion to vacate discharge, stating you reasons for vacating it, with the United States District bankruptcy court in which the discharge was entered. Upon doing so, the court will allow the discharged party to respond and set the matter for hearing.

 
+7

Answer by  mammakat (11147)

You need to take your discharge paperwork and in the court where the discharge was granted, file for it to be vacated. It has been my experience that you can get advice from your bankruptcy court clerks on how best to do these proceedings without paying for a lawyer. They are very helpful and very knowledgeable.

 
+6

Answer by  MSH (305)

you would have to petition the court and have a valid reason why your did not object before or if you discover fraud

 
+5

Answer by  BilWitters (436)

In order to vacate a bankruptcy discharge, you would need to file a motion to vacate in the same court the discharge was granted and your reasoning for discharging it.

 
+5

Answer by  gleverance (720)

You can file a motion to vacate the order if you have grounds. What is considered acceptable is generally determined by the State, but usually includes significant clerical errors, fraud, new evidence that would have changed the original outcome, or there has been a significant mistake or neglect in the filings. Contact your bankruptcy lawyer to check your situation.

 
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